SHISHIR KUMAR,J. - (1.) HEARD the learned counsel for the petitioners.
(2.) THIS writ petition has been filed for quashing the orders dated 24.3.2007 and 6.12.2007, Annexures-1 and 2 to the writ petition. Admittedly, the petitioners are tenant of the disputed property. The respondent No. 1 filed a suit before the Judge Small Causes Court against the petitioners for eviction and arrears of rent on the ground of default as well as material alterations diminishing the value of the property. The Judge Small Causes Court after considering the evidence on record and after considering the Commissioner's report for which no objection was ever filed by the petitioners', impliedly the petitioners have admitted that they have made the constructions, has recorded a finding that in view of the Commissioner's report, the petitioners have constructed three Pucca walls and upon the kitchen, they have made Puccha roof, taking in to consideration the facts and circumstance relying upon a judgment of the Apex Court reported in A.I,.R. 2005, S.C. Page 240, British Motor Car Co. v. M.C. Saggi has held that if such type of construction has been made, that will come under the definition of material alteration and has decreed the suit vide its judgment and order dated 24.3.2006. The revision filed by the petitioners has been dismissed confirming the finding recorded by the Judge Small Causes Court. Sri Siddharth Srivastava learned counsel appearing for the petitioners has not filed any rejoinder affidavit and has submitted before the Court that he will not file any rejoinder affidavit rebutting the allegations made in the counter affidavit and will argue the matter on merit.
(3.) THE first argument raised on behalf of the petitioners' is that the burden was upon the landlord to prove that any violation of Section 20 (2) (b) (c) and (d) of Act XIII of 1972 has been done. Admittedly, the respondent-landlord has not appeared before the Court for making a statement regarding any construction or material alteration made by the petitioners. Section 20 (2) of the Act is being reproduced below: "20. (2) A suit for the eviction of a tenant from a building after the determination of his tenancy may be instituted on one or more of the following grounds, namely: (a) that the tenant is in arrears of rent for not less than four months, and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand: Provided that in relation to a tenant who is a member of the armed forces of the Union and in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 (Act IV of 1925) has issued a certificate that he is serving under special conditions within the meaning of Section 3 of that Actor where he has died by enemy action while so serving, then in relation to his heirs, the words "four months" in this clause shall be deemed to have been substituted by the words "one year". (b) that the tenant has wilfully cause or permitted to be caused substantial damage to the building; (c) that the tenant has without the permission in writing of the landlord made or permitted to be made any such construction or structural alterations in the building s is likely to diminish its value or utility or so disfigure it; (d) that the tenant [has without the consent in writing of the landlord used it for a purpose other than the purpose for which he was admitted to the tenancy of the building or otherwise done any act which is inconsistent with use], or has been convicted under any law for the time being in force of an offence of using the building of allowing it to be used for illegal or immoral purposes; (e) that the tenant has sub-let, in contravention of the provisions of Section 25, or as the case may be, of the old Act the whole or any part of the building; (f) that the tenant has renounced his character as such or denied the title of the landlord, and that latter has not waived his right of re- entry or condoned the conduct of the tenant; (g) that the tenant was allowed to occupy the building as part of his contract of employment under the landlord, and his employment has ceased." ;